From: "Justin Bacon" <[EMAIL PROTECTED]>
> And what defines the boundaries of a webzine "work"?
It's going to be up to the courts to decide. Not enough time has passed yet
for the law in this area to be anything other than a confused muddle.
That's not the OGL's fault, that's the effect of disruptive technologies on
Title 17. I expect that either the courts or the Congress will come up with
suitable definitions and tests in the next several years.
I think anyone planning on creating a web site that will mix Open Game
Content and/or d20 Trademarked content and other content that would not
otherwise comply with the license(s) should consult an attorney if they are
worried about getting sued.
The likely first remedy that would be applied by anyone who cared would be
to send a cease and desist letter to the website, which might allow a
publisher to just comply with the objections and ignore the general case
problems.
> Now, I'm running a paper magazine. I publish a D20 or OGL article. Are
> all the other articles from that issue under the D20 or OGL? All the
> other articles ever published in the magazine?
In this area the law seems to be clear.
The cover and all the pages bound together form "a work". Each issue is
considered to be a separate work. Generally speaking, the articles within
the magazine may either be covered by the blanket copyright of the magazine,
or by separate copyright, and may be considered "works" in and of
themselves. However, Title 17 makes specific allowance for a "compliation",
which is why the whole magazine is considered one work from the perspective
of the OGL. (The same rules apply to anthologies, and to products like 3
ring binders with hole-punched pages).
There is a less clear case.
If you create a single SKU consisting of a polybag (or other bag or packing
system) that combines several works together, each is separately considered
"a work", and the combined unit as a whole may be considered a work as well.
I would argue that it is a compliation, because the unit was intended to be
sold as one single item.
My opinion is that such a package should be considered "a work" as a whole
for the purposes of administering the licensing terms of the OGL. (The
d20STL has specific provisions for this situation in the d20STLGuide).
However, without doing the research, I don't know how the law with regard to
Title 17 has been applied to this situation and am not sure how firm my
footing is in holding this opinion. Again, consult an attorney.
Ryan
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